ASHOK KUMAR SARAWGI Vs. BAIJNATH BISWANATH AND ORS.

JUDGEMENT

(1.) Heard Mr. S.P. Roy, the learned counsel appearing for the petitioner (plaintiff) (hereinafter referred to as the "landlord"). The respondents (tenants) are represented by the learned Sr. counsel Mr. M.K. Choudhury.

(2.) The Title Suit No.237/1997 was filed for ejectment of the tenant and also for recovery of arrear rent. After WS was filed by the tenant, the following 5(five) issues were framed by the Trial Judge:-

(3.) Through the judgment dated 20.01.2000, the learned Civil Judge (Sr. Division) No.2, Kamrup, Guwahati, found that the tenant defaulted in payment of rent for the month of January, 1996 and decided the Issue No.2 against the tenant. On the bonafide requirement claimed by the landlord to use the premises for starting new business, the Trial Court decided the issue against the landlord. Therefore on the basis of the defaulter finding, the suit was decreed by ordering ejectment of the tenant with further direction to recover the arrear rent.